Imagens da página
PDF
ePub

1850.

Sheriff to ap.

Court fails.

voting in their respective counties, and report the same to their respective County Courts, at the same term at which their Courts shall appoint the Judges and Clerk as herein directed; and the said Sheriffs, and deputies, and Judges, and Clerks, so appointed, shall be liable to all the penalties denounced against, and have all the powers conferred upon, Judges, Clerks, Sheriffs, and Deputy Sheriffs, by an act, entitled, an act more effectually to protect the rights of suffrage, approved March 1, 1842.

SEC. 5. Should the County Court of any of the counties of this Commonwealth fail or refuse to appoint Judges, point if County Clerks and Sheriffs to superintend the election and taking of the vote of the people, as provided for in this act, the Sheriff of any such county shall appoint said Judges, Clerks and Deputy Sheriffs; and upon his failure or refusal so to do, it shall be the duty of some Justice of the Peace to make said appointments.

Clerk to com. pare polls Sheriff fails.

Fines and penalties.

Penalty for illegal voting.

To be printed

and forwarded

to Clerks Coun

ty Courts.

SEC. 6. Should any of the Sheriffs or Deputy Sheriffs, in any of the counties of this Comonwealth, die, resign, or from any other cause fail or refuse to attend with the poll book, as required and directed by this act, for the comparison and counting of the votes on the adoption or rejection of the new Constitution, it shall be the duty of the County Court Clerk, or his Deputy, to attend with such poll books, and aid in such comparison and forwarding of the vote to the Secretary of State, and in every respect, perform the same duties which the Sheriff would have to perform, were he acting; and the said County Court Clerk or Deputy Clerk shall be liable to the same penalties, for a failure to discharge the duties imposed upon them by this act, which are imposed upon Sheriffs by law, for a failure to perform their duty in conducting other general elections.

SEC. 7. That the Sheriffs and other returning officers aforesaid shall be liable to all such fines and penalties, for a failure to discharge the several duties imposed by this act, as are imposed upon them by law for a failure to perform their duty in conducting other general and State elections.

SEC. 8. That any person or persons, not entitled to vote for Representatives to the General Assembly under the present Constitution and laws, who shall vote for or against the new Constitution, at the election and taking of the vote of the people aforesaid upon the new Constitution, shall be liable to all the pains and penalties imposed by law upon those persons who vote contrary to existing laws, for members of the General Assembly of this Commonwealth.

SEC. 9. It shall be the duty of the Public Printer to print fifteen hundred copies of this act, and deliver them to the Secretary of State, whose duty it shall be to forward fifteen copies thereof to the Clerk of each County Court, by mail

or otherwise, as he may find to be the cheapest and surest means, at the public cost; and said Clerks are hereby required to deliver said copies to the Sheriffs of their respective counties, and take a receipt therefor.

Approved March 1, 1850.

1850.

CHAPTER 218.

AN ACT directing the Surveyor to administer the oath to Processioners. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the oath to be taken by Processioners of lands may be administered by the Surveyor, and his certificate to that effect shall be as valid as if given by a Justice of the Peace.

Approved March 1, 1850.

CHAPTER 220.

AN ACT concerning the Court of Appeals.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of the Clerk of the Court of Appeals to docket the causes in said Court for forty eight days, and said Court shall sit that number of days at each term, and longer if the business requires it.

Approved March 1, 1850.

CHAPTER 230.

AN ACT further to provide for the erection of the Second Kentucky Lunatic Asylum.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That of the remaining sum pledged for the erection and completion of the Second Kentucky Lunatic Asylum, there is hereby appropriated the sum of forty five thousand dollars, out of any moneys in the Treasury not otherwise appropriated, for the purpose of completing the payments for the work already done and for progressing with the building of the said Asylum during the year 1850five thousand dollars of which shall be payable at any time after the passage of this act, and the other forty thousand shall be paid quarterly thereafter; and the Second Auditor shall issue his warrant upon the Treasury for the same, upon the application of the commissioners appointed under the provisions of the second section of the act of February 28, 1848, concerning said Asylum: Provided, That no part of said forty thousand dollars shall be paid until the said commissioners shall certify to the Second Auditor that the full amount subscribed by the citizens of Christian county, for the use and benefit of said Asylum, has been paid. Approved March 1, 1850.

[blocks in formation]

AN ACT to provide for finishing the Lunatic Asylum at Lexington. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That the sum of ten thousand dollars be and the same is hereby appropriated to the Lunatic Asylum, at Lexington, for the purpose of completing the buildings of said Institution; and the same shall be paid to the Chairman of the Board of Directors, upon his executing bond, with security, to be approved by the Clerk of the Fayette County Court, in the penalty of ten thousand dollars, conditioned for the faithful application of the same to the poses herein provided for.

pur

Approved March 1, 1850.

Proceedings

agai'st for bring ing loose in Whitley, Knox,

ing in and turn.

Harlan, Letcher,

Counties.

CHAPTER 239.

AN ACT to prevent non-residents from bringing their cattle into certain counties and turning them loose.

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That, hereafter, should any cow, calf, heifer, steer, bull, or any description of cattle whatever, belonging to any non-resident or non-residents of this State, be brought into the county or counties of Whitley, Knox, Harlan, or Letcher, by said non-resident or nonresidents, or any person for him or them, and afterwards found running at large upon the vacant lands lying in said counties, or either of them, or upon any unenclosed lands other than the lands belonging to the owner or owners of said cattle, it shall and may be lawful for any Justice of the Peace in said county, in which said cattle may be found running at large, as aforesaid, upon information given, to issue his warrant, directed to any Constable of said county, who shall forthwith attach said cattle and bring the same before said Justice who issued the warrant, or any other Justice in said county; and said Justice shall cause a jury of twelve good and lawful men to be empannelled and sworn, to enquire into the facts as above set forth, and upon the finding of a verdict as above set forth, said Justice shall enter his judgment accordingly, and direct said Constable to make sale of said cattle, for cash in hand, after having given notice of ten days of the time and place of sale; and said Constable shall receive and receipt for the purchase money aforesaid, and pay the same over Proceeds sale to the Commissioners of Common Schools in said county, to be applied by them for Common School purposes; but said Constable may retain in his hands an amount sufficient to defray all necessary expenses hereafter to be enumerated. And should said Constable fail or refuse to pay Liabilities of over to said Common School Commissioners the amount constables and of the sale of said cattle, after deducting expenses, he and

to be paid to comm'n schools

sureties.

his securities shall be liable to an action on his bond, for the nett amount aforesaid, in the name of the Commonwealth of Kentucky, for the use and benefit of said Common Schools. The Justice shall be entitled, for his full services herein, in each case, one dollar; the Constable, for full services, in attaching the cattle, summoning jury, and sale, one dollar and seventy five cents; summoning each witness, fifteen cents.

Approved March 2, 1850.

1850.

CHAPTER 245.

AN ACT making provision for running and marking the lines of Lincoln,
Casey, Pulaski, Russell, and Adair, and for other purposes.

WHEREAS, it is represented to the General Assembly of the Commonwealth of Kentucky, that the lines dividing the counties of Lincoln, Russell, Casey, Pulaski, and Adair, have never been run and marked, and in some places it is uncertain in which county certain individuals live. Therefore,

Surveyors appointed to

SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That it shall be the duty of Clay- lines. ton C. Montgomery, Surveyor of Lincoln county; James Allin, Surveyor of Casey county; O. J. Skinner, Surveyor of Russell county; Joseph Porter, Surveyor of Pulaski county; and William McNealey, Surveyor of Adair county, or any three of them, to meet on the first Monday in April next, at a point on Green river, corner to the counties of Casey, Russell, and Adair, and proceed to run and mark said county line, commencing at said corner and running the line between Russell and Casey, until they come to the intersection of the Pulaski line; thence running the line between Russell and Pulaski, to the Wayne county line, near John Dackry's; thence the line between Casey and Pulaski, to the Lincoln county line; thence the line between Lincoln and Casey.

run

by acts estab

SEC. 2. That said Surveyors, in running and marking To be governed said line, shall be governed by the several acts of assem-lishing. bly establishing the boundary of said counties, and shall run and mark said lines and corners in accordance therewith.

SEC. 3. That it shall be lawful for said Surveyors to employ two chain carriers and a marker, to run and mark said lines, as run by them; and said Surveyors, chain carriers and marker, before entering upon the duties prescribed by this act, shall go before some Justice of the Peace of one of said counties and take an oath to run and mark said lines fairly and impartially, between said counties, according to the provisions of this act.

Chain carriers

to be employed.

Surveyors and

chain carriers to

take oath.

Platts to be

SEC. 4. That it shall be the duty of said Surveyors to make out five fair, plats, with proper references, and a re- made out.

1850.

ors and chain carriers.

port accompanying the same, one of which shall be recorded in the respective County Court Clerk's offices; and said Surveyors are hereby required to make returns accordingly.

SEC. 5. That said Surveyors shall have an allowance Pay of survey made by their respective County Courts, for their services, and the chain carriers and marker shall be allowed one dollar per day, each, for their services, under the provisions of this act, one fifth to be levied by each of said counties of Lincoln, Casey, Russell, Pulaski, and Adair; and in case it should happen that said Surveyors, or any three of Time of meeting them, cannot, or do not, meet on the day named in this act, it shall be their duty to meet on some other day, to be fixed by themselves, for the purpose of carrying into effect the provisions of this act; and when said lines are run and marked, according to the provisions of this act, it shall be the county line between said counties.

Three may act.

SEC. 6. Any three of said Surveyors shall be sufficient to carry out the provisions of this act.

SEC. 7. It shall be the duty of the Surveyor of Casey Surveyor of county to give notice, in writing, to the other Surveyors, of Casey to give the time and place of meeing, according to the provisions

notice.

[blocks in formation]

of this act.

SEC. 8. Be it further enacted, That the county lines between Floyd, Pike, and Lawrence, be and the same is hereby established, as follows: beginning at the mouth of the Pigeon Roost fork of Wolf creek; thence to the top of the ridge between the Pigeon Roost fork and Emily, a branch putting into Wolf creek; thence with the dividing ridge, between the waters of Wolf creek and Big creek, to the highest point nearest the Tug fork of Sandy river; thence a straight line to the Tug fork, and down the same to the mouth of Wolf creek; and the line above described shall hereafter be the boundary line of the county of Lawrence; and the territory included within said boundary is hereby declared to belong and form a part of the last named county.

Approved March 4, 1850.

CHAPTER 251.

AN ACT to repeal an act, entitled, an act for the benefit of the Carroll

County Court.

SEC. . Be it enacted by the General Assembly of the ComSecond section monwealth of Kentucky, That the second section of an act, of act repealed. entitled, an act, approved February 28, 1848, for the benefit of the Carroll County Court, be and the same is hereby repealed.

Election pre

SEC. 2. Be it further enacted, That an additional election cinct in Madison precinct be and is hereby established at the tavern house

county.

« AnteriorContinuar »